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GERBER v. McCALL

No. 39,121

175 Kan. 433 (1953)

264 P.2d 490

HERMAN A. GERBER and VIRGINIA GERBER, Appellees, v. J.D. McCALL, an individual doing business under the firm name and style of McCALL SERVICE STATION, Appellant.

Supreme Court of Kansas.

Opinion filed December 12, 1953.

Attorney(s) appearing for the Case

Charles W. Lowder and Blake A. Williamson, both of Kansas City, argued the cause, and William Drennan, Otto Ziegelmeyer, James K. Cubbison and Lee Vaughan, all of Kansas City, were with them on the briefs for the appellant.

Joseph P. Jenkins, of Kansas City, argued the cause and Joseph Cohen, Charles S. Schnider, John E. Shamberg, Thomas E. Joyce and Norma Braly, all of Kansas City, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This case is an aftermath of the Great Flood of 1951 in the valley of the Kansas (Kaw) River, and is an action to recover damages for the destruction by fire of plaintiffs' warehouse, alleged to have been the proximate result of defendant's negligent operation of his gasoline filling station after being warned of the imminence of a flood.

Defendant has appealed from an order overruling his demurrer...

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